HomeMy WebLinkAbout2019-09-17 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Meeting Final Agenda
Tuesday, September 17, 2019
5:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Gutierrez Ward I
Council Member Sarah Marsh Ward 1
Council Member Mark Kinion Ward 2
Council Member Matthew Petty Ward 2
Council Member Sloan Scroggin Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Kyle Smith Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Final Agenda September 17, 2019
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. 2019-0561
NOMINATING COMMITTEE REPORT
Agenda Additions
A. Consent
A. 1 2019-0512
ARKANSAS FASHION WEEK:
A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH
ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL
AVENUE FOR RENT IN THE AMOUNT OF $1,000.00
A.2 2019-0478
WASTE SOLUTIONS, LLC d/b/a ORION WASTE SOLUTIONS:
A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS,
LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF
SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE
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City Council Meeting Meeting Final Agenda September 17, 2019
A. 3
M
2019-0502
WASTE MANAGEMENT OF ARKANSAS, INC.:
A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE
MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE
AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS
FOR TWO ADDITIONAL TWO YEAR TERMS
2019-0552
HOGEYE MFG. CO INC. D/B/A HOGBOX:
A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE
MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID
WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC
RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS
2019-0556
GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE
DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT,
AND TO APPROVE A BUDGET ADJUSTMENT
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City Council Meeting Meeting Final Agenda September 17, 2019
A. 6
A. 7
A. 8
2019-0510
JACOBS ENGINEERING GROUP, INC F/K/A C112M HILL ENGINEERS, INC.
AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND
JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE
AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO
APPROVE A BUDGET ADJUSTMENT
2019-0560
POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT
PROJECT:
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE
TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR
THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT
WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00
2019-0559
HAWKINS-WEIR ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF
$54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A
BUDGET ADJUSTMENT
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A.9 2019-0558
GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN
SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE
MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT
A.10 2019-0513
BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC:
A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH
PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE
CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL,
ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN
REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $10,300.00
A. 11 2019-0532
DEMX ARCHITECTURE:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN
AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND
REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00
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A.12 2019-0504
JACOBS ENGINEERING GROUP, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ
#19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER
PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S
WASTEWATER TREATMENT OPTIONS
A.13 2019-0562
THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS:
A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO
ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO
FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF
FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND
WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT
A.14 2019-0544
LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS):
A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO
APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER
ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL
ON THE NON -CONFORMING PARCEL
B. Unfinished Business
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City Council Meeting Meeting Final Agenda September 17, 2019
B. 1
B. 2
B. 3
2019-0401
AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE
ENTERTAINMENT DISTRICT PARKING ZONE:
AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT
PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE
FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED
RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET
AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER
AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING
AREAS
At the July 16, 2019 City Council Meeting this item was left on the first reading.
At the August 6, 2019 City Council Meeting this item was left on the second reading.
At the August 20, 2019 City Council Meeting this item was tabled to the September
17, 2019 City Council Meeting.
2019-0462
RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF
3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1,
HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES,
SUBJECT TO THE BILL OF ASSURANCE
At the August 20, 2019 City Council Meeting this item was left on the first reading.
At the September 3, 2019 City Council meeting this ordinance was left on the second
reading.
2019-0452
ENTERTAINMENT DISTRICT BOUNDARIES:
AN ORDINANCE TO ESTABLISH BOUNDARIES FOR AN ENTERTAINMENT DISTRICT
IN THE CITY OF FAYETTEVILLE AND TO PROMULGATE RULES FOR THE LIMITED
OUTDOOR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES
At the August 20, 2019 City Council Meeting this item was left on the first reading.
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City Council Meeting Meeting Final Agenda September 17, 2019
At the September 3, 2019 City Council meeting this ordinance was left on the second
reading.
B.4 2019-0471
BUFFINGTON WEIR, LLC:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR,
LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE
ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY
OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT
At the September 3, 2019 City Council meeting this ordinance was left on the first
reading.
C. New Business
C. 1 2019-0539
AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF
THE SQUARE:
AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (B) EXPANDED
SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR
TRAFFIC
C.2 2019-0570
HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS:
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE
TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR
THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS
PROJECT AND THE HIGHWAY 7 1 B IMPROVEMENTS PROJECT
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City Council Meeting Meeting Final Agenda September 17, 2019
C. 3
C. 4
C. 5
C. 6
2019-0547
RZN 19-6748 (203 E. 13TH STJDAVIS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST
13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL
INTERMEDIATE -URBAN
2019-0551
RZN 19-6787 (3313 W. MT. COMFORT./COOPER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST
MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL
2019-0553
VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY.
FLEET):
AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST
OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A
PORTION OF A GENERAL UTILITY EASEMENT
2019-0548
VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL):
AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621
EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY
EASEMENT
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City Council Meeting Meeting Final Agenda September 17, 2019
C.7 2019-0555
VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS
HOSPITALITY):
AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST
OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE
PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT
C.8 2019-0505
AMEND ORDINANCE 6168:
AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF
APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A
ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP
USED AT THE NOLAND WASTEWATER TREATMENT FACILITY
C.9 2019-0540
2019 MILLAGE LEVY:
AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY
WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING
THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS
FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE
POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC
LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY
EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF
WASHINGTON COUNTY, ARKANSAS
D. City Council Agenda Session Presentations
D. 1 2019-0477
AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND
GENERAL FUND BUDGET DISCUSSION
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City Council Meeting Meeting Final Agenda September 17, 2019
D.2 2019-0511
AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY
E. City Council Tour
F. Announcements
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville, Arkansas Page 11 Printed on 911212019
City Council Meeting Meeting Final Agenda September 17, 2019
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please
wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or
Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed
to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials,
staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda
item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion
of an agenda item.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City
Council meetings:
Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should
only be considered if it requires immediate City Council consideration and if the normal agenda setting process
is not practical. The City Council may only place such new item on the City Council meeting's agenda by
suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item,
that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Unfinished Business and New Business:
Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance,
read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning
or development applicant, etc.) may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use
electronic visual aids in the City Council meeting as part of the presentation of the agenda item.
Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new
business and subjects of public hearings. A simple majority of the City Council members, present and voting,
may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present
an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be
allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting,
such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City
Council meeting. Any member of the public shall first state his or her name and address, followed by a concise
statement of the person's position on the question under discussion. Repetitive comments should be avoided;
this applies to comments made previously either to the City Council or to the Planning Commission when those
Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the
Mayor or the City Council as a whole and not to any particular member of the City Council. No person other
than the City Council member and the person having the floor shall be permitted to enter into any discussions
without permission of the Mayor. No questions shall be directed to a City Council member or city staff
City of Fayetteville, Arkansas Page 12 Printed on 911212019
City Council Meeting Meeting Final Agenda September 17, 2019
member except through the Mayor.
Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as
to integrity, abusive comments and statements about motives or personalities. Any member of the public who
violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall
leave the podium.
Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City
Council meetings, a 72 -hour advance notice is required. For further information or to request an interpreter,
please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the
office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323.
All cell phones must be silenced and may not be used within the City Council Chambers.
City of Fayetteville, Arkansas Page 13 Printed on 9/12/2019